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Civil Asset Forfeiture: Grading the States

Civil asset forfeiture is a unique area of law in which the government charges specific property of being guilty of wrongdoing, rather than a person. Perhaps because the property is accused of wrongdoing, and not the person, governments often place lower standards of proof needed to forfeit the property. The procedures used by the federal government and many state governments creates grave Fourth and Fifth Amendment concerns.

Since 2008, the federal government has regularly brought in over $1 billion a year in forfeiture proceeds. Although most states lack reporting requirements that would allow us to track forfeiture proceeds, those that do report reveal that states regularly bring in millions of dollars each year.

While civil asset forfeiture has been used as a funding source since our country’s founding, the practice has accelerated at the state and local level since the 1980s. With the creation of new taxes (income, sales, property, corporate) civil asset forfeiture should no longer be needed to raise revenue for governments that have plenty of other revenue streams.

In the wake of rising public outcry against abusive civil asset forfeiture laws, states such as Minnesota, New Mexico, and Montana have led the reform movement, and other states such as California, Michigan, and Pennsylvania are in the midst of meaningful discussions about reforms. While this movement is great, more states and the federal government, need to follow their lead and reform their own civil asset forfeiture laws.

With civil asset forfeiture becoming a bigger issue at the state and federal levels, FreedomWorks has released its guide to Grading the States on this important issue. As can be seen by the grades of the states and federal government, there are still plenty of reforms to be implemented before this travesty of justice is corrected.

Nice article... Nearly every state, the District of Columbia and the federal government have civil forfeiture laws, but they differ in their financial incentives and their procedures. This report grades state and federal civil forfeiture laws based on the incentives they create for law enforcement agencies to police for profit and the protections they afford to property owners.

The Obama administration was riddled with regulations and red tape that put federal oversight on everything from ponds to bathrooms to cow flatulence. In fact, President Obama reached a record high number of pages in the Federal Register (the federal journal of regulations) during his last full year in office.

Net Neutrality proponents argue that internet service providers (ISPs) will slow your internet speed and charge you extra fees if the FCC abandons its Title II regulatory expansion. Wrong. This goes against every ounce of recorded history, which shows that speeds increase and prices decline, and have done so without Title II.

Today, President Trump announced his choice for the new leader of the Federal Bureau of Investigation (FBI). While his choice of candidate has generally been well received by commentators on both side of the isle it is unlikely he will implement the needed reforms to the FBI. While Jim Comey and the FBI have been grabbing headlines over the past year, few pundits, or politicians are seriously talking about the true threat surrounding the national police force.

Many states have been discussing ways to pay for road funding. Now, there are two ways to make something affordable. One way is to increase revenue and the other way is to drive down costs. It has been suggested to take a look at replacing the gas tax to be able to afford road funding since the revenue brought in by the gas tax is on the decline while road coasts are increasing.

Earlier this year, Gov. Eric Holcomb (R-Ind.) signed legislation to raise the state gas tax of Indiana in order to increase road funding. The move had major support from the leadership of the state Republican Party with Indiana House Speaker Brian Bosma saying “It’s a program that’s responsive, comprehensive, sustainable, and it’s for the next generation.” It seems interesting then that Gov. Holcomb promised to take Indiana to the “next level” since this seems like a step back.

Federal Communications Commission (FCC) Chairman Ajit Pai put the Obama-era “net neutrality” rules on the chopping block in a 2-1 vote on May 18th to move forward with a proposed rulemaking to overturn the 2015 Open Internet Order. One mythical claim by activists who favor net neutrality is that repeal of the Open Internet Order legalizes website censorship and hurts free speech. Following this narrative, internet service providers (ISPs) could arbitrarily block their broadband customers from accessing any websites they please. An especially feared target of censorship is online services provided by competitor companies.

The global community has been rocked by tragedy after tragedy over the last several weeks, but few instances have captured the international spotlight as readily as the recent attacks in London . The international community was quick to offer their support to the beleaguered Britain, but a troubling response came from that nation's own leader.

Americans are suffering under the enormous tax burden placed upon them by the various government entities they live under, but help from Washington seems unreachable. Luckily for citizens of one state, tax reform could be coming swiftly, and from a surprising place.

There’s a show from the 1980s called ALF about an alien that ends up having to live with a family after accidentally crashing into their garage. In one episode, he runs up a major gambling tab and to pay it off raises the prices on items at the family’s garage sale without their knowledge to get the money needed to pay off his debts.

President Trump officially withdrew the United States from the Paris Accord today. Reports broke this week that President Trump was planning on withdrawing the United States from the Paris Climate Agreement. Sure enough, he stuck to his campaign promises and made this withdrawal reality. Despite the mainstream media noise and leftist cries, this withdrawal is a win for the American people. So why is that?